The Proposition 8 trial will resume at 8:30 a.m. Stanford University Professor Gary Segura will be back on the stand under cross-examination by Proposition 8 lawyers. Segura has been testifying that gays and lesbians don’t have meaningful political power. Proposition 8 lawyers indicated late Wednesday that they plan to cross-examine Segura for about 90 minutes more.

9:23 a.m.: Prop. 8 lawyer: Religious belief spurred voter attitudes

Stanford University political-science Professor Gary Segura has been back under cross-examination by Proposition 8 lawyer David Thompson, who is probing the plaintiffs’ expert on the religious motivations behind voters approving California’s ban on same-sex marriage. At one point, when Thompson noted that religious beliefs spurred voter attitudes, Segura quipped: “Mr. Thompson, have you switched sides? That is correct.”

Segura has been testifying for nearly a day on the political “powerlessness” of gays and lesbians that leaves them vulnerable and in need of greater federal constitutional protection, an important ingredient in the attempt to invalidate Proposition 8. Proposition 8 supporters insist voters support a gay marriage ban to protect traditional heterosexual marriage, not out of hatred and bias against gays and lesbians.

The plaintiffs have two witnesses left today and tomorrow. One is William Tam, a controversial Proposition 8 proponent, and the other is Greg Herek, a University of California-Davis psychology professor who will testify on mental health research on gays and lesbians and the impact of denying them the right to marry.

Chief Judge Vaughn Walker just took a brief break in the Proposition 8 trial, in part to swear in two lawyers to the federal bar. Stanford Professor Gary Segura remains under cross-examination, and will be stuck there for another hour. (Proposition 8 lawyer David Thompson told the judge he was moving slower than he anticipated, to which the judge replied: Yes, you are.) Thompson has introduced information about several incidents of vandalism or physical attacks on Proposition 8 supporters during the campaign, trying to get Segura to admit they undercut gay and lesbian political power. Segura has acknowledged such incidents never look good for any side, but downplays their importance in the larger picture of gay and lesbian political clout (or lack of it).

10:46 a.m.: Bill O’Reilly makes cameo appearance via video clip

Familiar faces in the national debate over same-sex marriage continue to make cameos in the Proposition 8 trial. This time, it was Fox News commentator Bill O’Reilly, shown in a video clip of one of his shows during the Proposition 8 campaign. Proposition 8 attorney David Thompson introduced the clip of an interview with a young woman who said she was attacked in San Francisco’s Castro District during a demonstration before the election, supposedly hit over the head by a “gay activist” with a bible and assaulted. Thompson was using the clip as part of his effort in cross-examining plaintiffs expert Gary Segura to show incidents of unruly and violent outbursts by gays and lesbians against supporters of Proposition 8. The Stanford professor has been testifying for nearly a full day on what he considers the political vulnerability of gays and lesbians.

Judge Vaughn Walker did ask Segura whether he’d explored any political fallout against African-Americans as a result of riots and demonstrations during the 1960s civil rights movement. It wasn’t entirely clear where the judge was going with that one.

When Segura is done testifying, the trial will shift into full confrontation mode with the testimony of William Tam, a controversial leader in the Proposition 8 campaign.

Proposition 8 lawyer David Thompson has finished his cross-examination of Stanford professor and plaintiffs expert Gary Segura, although, it would appear, reluctantly. After spending all afternoon Wednesday and through this morning in his questioning, Chief Judge Vaughn Walker indicated he’d given Thompson more than enough time to make his point with Segura, who is on the stand to outline the vulnerability of gays and lesbians in the American political process. Indeed, when Thompson was prepared to keep going, the judge interceded, saying the length of his examination was “at the edge of the pale.” (Not beyond, mind you, at the edge).

Thompson asked one more question and retreated to the defense table. Plaintiffs attorney Theodore Boutrous Jr. is now requestioning Segura, trying to counteract Thompson’s line of attack on the issue of gay and lesbian boycotts, protests and incidents of confronting Proposition 8 supporters. Segura, likening it to the civil rights movement of the 1960s, said such incidents aren’t always positive, but added, “I don’t think that’s indictment of the entire group.”

12:13 p.m.: Lunch break, then Prop. 8 proponent will be on hot seat

Buckle your seat belts, Proposition 8 trial watchers. William Tam, a controversial proponent behind the ban on same-sex marriage, is ready to take the stand, setting up a chance for gay-marriage advocates to go toe to toe with a leading Proposition 8 backer who will be under oath in a federal courtroom.

Tam asked Chief U.S. District Judge Vaughn Walker to let him out of the legal challenge as a named defendant, worried about threats to his family and himself from gay rights advocates. Now, Tam will be in the hot seat. Among other things, he has said gay marriage would lead to “legalizing having sex with children,” and encourage children to embrace a homosexual lifestyle. He also said same-sex marriage is the work of Satan.

But first, lunch. Walker has taken the daily break.

Stanford law Professor Gary Segura finished up a full day of testimony, reiterating his central point, that gays and lesbians are bereft of true political power and are as vulnerable as any minority group to ever encounter discrimination.

1:40 p.m.: Prop. 8 proponent William Tam begins testimony

Proposition 8 proponent William Tam is on the witness stand, being questioned by plaintiffs attorney David Boies. Boies is starting slowly with Tam, going through how he got enlisted in the campaign to outlaw same-sex marriage in California. Tam’s lawyer has objected to any questions related to Tam’s political views or motivation for pushing Proposition 8, but it is clear Chief Judge Vaughn Walker will consider such questions fair game.

Tam’s testimony is a key ingredient in the plaintiffs’ effort to show that hostility and animus toward gays and lesbians fueled the passage of Proposition 8. Defenders say it was designed to preserve traditional marriage, not as a form of bias against gays and lesbians.

William Tam, a leading Prop. 8 proponent from San Francisco, has just outlined his primary reasons for supporting a ban on same-sex marriage, under questioning from plaintiffs attorney David Boies. “It is very important for the next generation to understand the historical meaning of marriage,” he said. “It is very important our children won’t grow up to fantasize or think about “should I marry Jane or John when I grow up.—

Tam said these principles are important to the Asian community, which he tried to mobilize in favor of Prop. 8.

Responding to Boies, Tam said he supported domestic partner rights for gays and lesbians, as well as protections in employment and housing. He said he had not “come to conclusion” about whether they should be permitted to adopt children. He did, however, support the message on a Web site that linked homosexuality to pedophilia.

At the same time, asked whether he considers himself “hostile to gays and lesbians,” Tam replied: “No, I don’t.”

2:41 p.m.: Prop 8 proponent grilled on views about homosexuality

Here we go. Plaintifs attorney David Boies is baring his Bush v. Gore fangs on William Tam, a leading proponent of Prop. 8 and ardent foe of same-sex marriage. He’s confronted Tam on his advocacy of Prop. 8 during the campaign, when he said allowing gay marriage would lead to legalizing prostitution as well as legalizing sex with children. Boies pointed to a position from Prop. 8 supporters that gays were 12 times more likely to molest children, a fact Tam said he believes.

Where’d you learn that? Boies asked. I don’t recall, Tam replied.

“I’m asking you what you read?” Boies asked, voice rising, wanting to know how that could be put out to support Prop. 8.

Boies continued to press on messages from gay marriage opponents that Tam endorsed, including the fact that San Francisco government was “run by homosexuals.” How could that be, the mayor isn’t homosexual, is he? Boies asked. Tam agreed. Boies asked why he pushed Prop. 8 by saying same-sex marriage would result in legalizing prostitution. “That didn’t have anything to do with Proposition 8, did it sir?” Boies asked.

“Right,” Tam said.

Boies also confronted Tam with e-mails in which he said California would fall into the “hands of Satan” if gay marriage were permitted. The questioning continues.

William Tam, the Prop. 8 proponent still on the witness stand, has supplied the day’s sound bite describing his views of same-sex marriage. As plaintiffs attorney David Boies asked him about likening gay marriage to polygamy, incest and other illegal relationships, Tam said:

“I believe if the term marriage can be used beyond one man, one woman, then any two persons of any age, of any relationship, can use the same argument to come and ask for the term marriage. That would lead to incest. That would lead to polygamy. If this is a civil right, what would prevent other groups form asking for the same right.”

Tam uses the phrase “moral decay” to describe allowing gay marriage.

Tam’s testimony is a component of the plaintiffs attempt to show that Prop. 8 was fueled by hostility against gays and lesbians that renders the law discriminatory and a violation of their federal equal protection rights

Plaintiffs attorney David Boies has finished with William Tam, one of the Prop. 8 proponents, and he is now under cross-examination by Prop. 8 attorney Nicole Moss (although Tam is on the Prop. 8 side, it is cross, as he was called by the plaintiffs).

It appears that Tam is getting nudged under the bus a bit by the Prop. 8 team. Boies asked Tam about a variety of inflammatory statements he made about gay marriage during the Prop. 8 campaign, and Moss is now pressing Tam on whether he followed internal guidelines within the campaign to get any messages cleared by the Prop. 8 campaign manager. This was part of “message discipline” guidelines for the campaign’s officials. Asked by Moss whether he got his messages pre-approved, Tam said he did not.

The thrust of the questioning appears to be that Prop. 8 backers believe Tam went rogue during the campaign.

Lawyers for same-sex couples are trying to use Tam to show that Prop. 8 was fueled by discrimination against gays and lesbians.

4:21 p.m.: Prop 8 lawyer depicts proponent William Tam as a renegade

Prop. 8 attorney Nicole Moss moved swiftly through her cross-examination of Prop. 8 proponent William Tam, depicting him as a renegade whose often harsh comments about gays and lesbians were never authorized by the Prop. 8 campaign. It is an attempt to distance any Tam remarks that could be perceived as discriminatory from Prop. 8 and its official backers, ProtectMarriage.com. Plaintiffs lawyer David Boies is about to resume questioning Tam. Surely, he will try to glue Tam back to Prop. 8’s campaign.

The 8th day of the Prop. 8 trial is done. William Tam, a leading Prop. 8 proponent, spent an eventful afternoon on the stand. Plaintiffs attorney David Boies finished up by trying to debunk the Prop. 8 legal team’s attempt to portray Tam as a rogue official during the campaign who made harsh remarks about gays and lesbians without the stamp of approval from the Prop. 8 campaign. Boies showed a series of e-mails and other evidence that linked Tam to the campaign and ProtectMarriage.com leaders, and noted that he was directly involved in organizing rallies against same-sex marriage.

The trial resumes Friday with the plaintiffs final witness, UC-Davis psychology professor Greg Herek, who is expected to testify about the nature of homosexuality. Prop. 8 officials say they then have two expert witnesses to put on the stand.

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